NOTIFICATION - Maharashtra · 2018-02-04 · C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx...
Transcript of NOTIFICATION - Maharashtra · 2018-02-04 · C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx...
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 1
NOTIFICATION
Industries, Energy and Labour Department,
Mantralaya, Madam CamaMarg,
HutatmaRajguruChowk,
Mumbai – 400 032.
Dated the 2 nd February 2018.
Maharashtra
Shops and
Establishments
(Regulation of
Employment
and
Conditions of
Service) Act,
2017.
No. – MSA 11/ 2017/ CR 298/ Labour 10,
.- The following draft of the rules which the
Government of Maharashtra proposes to make in
exercise of the powers conferred by sub-section (1) of
section 37 of the Maharashtra Shops and
Establishments (Regulation of Employment and
Conditions of Service) Act, 2017 (Mah.LXI of 2017),
and of all other powers enabling it in that behalf, is
hereby published as required by sub-section (2) of
section 37 of the said Act, for the information of all
the persons likely to be affected thereby; and notice is
hereby given that the said draft will be taken into
consideration by the Government of Maharashtra
after the expiry of fifteen days from the date on
which the draft rules are published in the
Maharashtra Government Gazette.
2. Any objection or suggestion which may be
received by post, in person or on e-mail by the
Principal Secretary (Labour), Industries, Energy and
Labour Department, Madam Cama Marg, Hutatma
Rajguru Chowk, Mantralaya, Mumbai- 400 032, on e-
mail [email protected] or by the
Commissioner of Labour, Kamgar Bhavan, “E”
Block, C-20, Bandra Kurla Complex, Bandra (East),
Mumbai – 400 051, on e-mail mahalabourcommr
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@gmail.com, from any person with respect to the said
draft, within the aforesaid period, will be considered
by the Government.
DRAFT RULES
1. Short Title.- These Rules may be called the
Maharashtra Shops and Establishments (Regulation of
Employment and Conditions of Service) Rules, 2018.
2. Definition.- (I) In these Rules unless the context
otherwise requires,-
(a) “Act” means the Maharashtra Shops And
Establishments (Regulation of Employment and
Conditions of Service) Act, 2017 (Mah.LXI of
2017);
(b) “Form” means a form appended to these Rules;
(c) “Government” means the Government of
Maharashtra;
(d) “Schedule” means a Schedule appended to these
Rules;
(e) “section” means a section of the Act;
(f) “Managerial Functions” means all such functions
which are inherently supervisory in nature and are
bestowed with powers and authority to take all
policy and administrative decision in an
organisation, e.g. power to sanction leave, award
increment, take disciplinary action, to terminate,
suspend or dismiss a worker or indulge in policy
making decision regarding any aspect of the
business or service conditions of workers and such
other similar powers.
(II) Words and expressions used in these Rules but
not defined hereinabove shall have the same
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meanings as are respectively assigned to them in the
Act.
3. Application for Registration of Establishment.- The
employer of every establishment engaging ten or
more workers shall submit online application in
Form „A‟ for registration of the establishment as per
section 6 of the Act alongwith the required documents
as specified in Part A of the Schedule.
4. Payment of Fees.- (i) Every application for
registration in Form A and Renewal in Form „D‟
shall be uploaded along with fees of rupees one
thousand per year by way of e-payment.
(ii) Every employer shall pay the electronic
transaction charges as fixed by the Government from
time to time for availing e-services under this Act
electronically.
5. Manner of Registration of Establishment.- (1)
Every online application in Form „A‟ for registration
of establishment may be assigned to any of the
Facilitator of that local office, who shall scrutinise the
applications, uploaded documents and the fees paid
along with the details mentioned in the application. If
the application is complete in all respects and
supported with all the required documents, proper
fees, he shall digitally sign the certificate of
registration, which shall be in Form „B‟ within
working seven days from the date the application
appears on the dashboard of the Facilitator. The
digitally signed certificate may be downloaded by the
applicant. The entry of the establishment which is
registered shall be made in the Register of
Establishment to be maintained in Form „C‟.
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(2) If an application is incomplete or not
supported with required documents as mentioned in
these Rules or if the fees is not properly paid, then the
Facilitator, may reject such application by mentioning
the reasons thereof within working seven days from
the date on which the application appears on the
dashboard of the Facilitator.
6. Renewal of Registration Certificate.- Every
application for renewal of registration shall be
submitted online in Form „D‟ alongwith the required
documents as specified in Part B of the Schedule.
7. Issue of Renewed Certificate.- (1) The Facilitator
shall scrutinise the application for renewal of
registration and the documents uploaded. If an
application is complete in all respects and supported
with all the required documents and proper fees, he
shall digitally sign the Renewed Certificate of
Registration which shall be in Form „E‟ within
working seven days from the date on which the
application appears on the dashboard of the
Facilitator. The digitally signed certificate may be
downloaded by the applicant.
(2) If an application is incomplete or not supported
with required documents as mentioned in the Rules or
if the fees is not properly paid, the Facilitator by
mentioning the reasons thereof, may reject such
application within working seven days from the date
on which such application appears on dashboard of
the Facilitator.
8. Form for intimation of commencement of business
by such employer engaging less than ten employees.-
The employer of every establishment engaging less
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than ten employees shall submit an online intimation
in Form „F‟ of commencement of the business
alongwith the required documents as specified in Part
„C‟ of the Schedule.
9. Issue of Receipt of Intimation.- After receiving an
intimation in Form „F‟ alongwith all the documents, a
receipt of such intimation in Form „G‟ shall be issued
to the applicant online and the details thereof shall be
recorded in a register maintained for that purpose in
Form „H‟.
10. Notice to make changes in Registration
Certificate.- (1) Any changes in the certificate of
registration shall be notified online in Form „I‟ to the
Facilitator as per section 9 of the Act within thirty
days from the date the change took place alongwith
the required documents to be uploaded as specified in
Part „D‟ of the Schedule, alongwith fee of rupees two
hundred.
(2) On receipt of such notice the Facilitator shall
scrutinise the same and shall digitally sign and issue a
fresh modified certificate within working seven days
from the date of receipt of such notice. However, if
the notice is not complete or is not supported by the
required documents or if the fees is not properly paid
he shall reject the notice by mentioning the reasons
thereof.
11. Closing of Business.- (1) Every employer of an
establishment engaging ten or more workers, on
closing its business permanently shall communicate
the same to the Facilitator in Form „J‟.
(2) Every employer of an establishment engaging
less than ten workers on closing its business
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permanently shall communicate the same to the
Facilitator, in Form „K‟.
12. Power of Government for regulating Opening and
Closing Timings of establishments.- The Government
may, in the public interest, on its own and, if
necessary, after obtaining the views of the concerned
Municipal Commissioner in Corporation area or
District Collector in other areas and the concerned
Police Commissioner or Superintendent of Police, as
the case may be, may change the opening or closing
timings of any or all classes of establishments in any
area or premises.
13. Conditions for employment of women in night
shifts .- The following are the conditions for
employment of women workers in night shifts,
namely:-
(i) Woman worker shall be allowed to work during
9.30 p.m. and 7.00 a.m. in any establishment only
after obtaining her consent in Form „L‟.
(ii) The employer shall take all the measures and
safeguard to prevent or deter the commission of the
acts of sexual harassment at place of work by strictly
implementing and enforcing all the provisions of the
Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 (14
of 2013).
(iii) In case of a sexual harassment at the instance of
a third party, either by an act or commission, the
employer shall take all necessary and reasonable steps
to assist the affected women worker in terms of
support and preventive action.
(iv) Provide proper lighting and illumination inside
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the establishment and also surroundings of the
establishment and to all places where the women
worker may move out of necessity in the course of
such shift.
(v) To see that the women worker employed in the
night shift shall not be less than three at any point of
time.
(vi) Seperate urinals and latrines shall be maintained
for women workers with safety locking facility only
from inside and women at night shift should be
provided with sanitary napkins.
(vii) To provide safe and secure separate
transportation facility for the women workers
working in the night shift from the place of workplace
to the doorstep of their residence and vice-versa. The
employer shall have all the details of the drivers,
guards and all such employees engaged by themselves
or through any agency or contractor. Police
verification of all such employees engaged for
transportation of women workers shall be required.
(viii) In case the menstruation period of any women
workers starts during her duty in the night shift, she
shall be eligible for one extra paid holiday apart from
those mentioned in the Act, during the menstruation
period, as per her necessity or requirement.
(ix) There shall be not less than twelve consecutive
hours of rest or gap between the last shift and night
shift whenever a women worker is changed from day
shift to night shift and also from night shift to day
shift.
(x) No women worker shall be allowed to work in
night shift during the period of twenty-four weeks
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before and after her child birth, of which at least
twelve weeks shall be before the expected child birth,
and for further such period, if any, as specified in the
medical certificate stating that it is necessary for the
health of the women worker or her child:
Provided that, the said period may be relaxed at
the request of women worker on the basis of medical
certificate from a qualified medical practitioner
stating that neither her health nor that of her child will
be endangered.
14. Notice of weekly holiday of workers in each shift.-
Every employer shall display a notice on his website
and at a conspicuous place of the premises on a notice
board showing the day of rest, in Form „M‟. A copy
of the same shall be send to the Facilitator
electronically.
15. Prohibition of overlapping of shifts.- Work shall
not be carried out in any establishment by means of a
system of shift so arranged that more than one relay
of workers is engaged in work of the same kind at the
same time.
16. List of persons engaged in shift.- (i) In case of
establishment operating in more than one shift, the
employer shall display well in advanced a shift
schedule, showing the names and designation of all
persons working in that shift, so that each worker is
aware of the shift in which he has to work. Such list
shall be in Form „N‟ and shall be kept in every
establishment and made available for inspection to the
Facilitator on demand. The list shall be displayed on
the website and at a conspicuous place of the
premises on the notice board. A copy of the same
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shall be send to the Facilitator electronically.
(ii) There shall be not less than twelve consecutive
hours of rest or gap between the last shift and night
shift whenever a worker is changed from day shift to
night shift and also from night shift to day shift.
17. Part-time employment.- It shall be lawful for the
employer to engage any worker as part-time worker
provided that he shall not be allowed to work more
than five hours in a day.
18. Other particulars on Identity Card.- Alongwith
the particulars to be contained in the Identity Card of
worker specified in section 17 of the Act, the identity
card shall also contain an emergency contact number
of worker.
19. Leave Book.- Every employer shall provide to
each worker with a book called „Leave Book‟ in Form
„O‟. A copy of the same shall be retained by
employer. All the entries of sanctioned earned leave
as per section 18 shall be noted in the Leave Book.
Any earned leave applied for and is refused shall also
be noted in the register with initials of the employer
or his representative in the respective column of
Leave Book. However every employer shall be free to
maintain Leave Book in such format either manually
or electronically. If the Leave Book is lost by the
worker, the employer or manager shall provide him
the duplicate copy of the same.
20. Notice by employer or manager of accumulated
leave.- The employer or manager shall cause a notice
to be displayed in Form „P‟ giving the names of all
workers whose leave, which has been carried forward
has reached the maximum limit allowed under sub-
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section (5) of section 18, as soon as possible in the
first quarter of each calendar year. The notice shall
state that no further leave can be carried forward. A
copy of the notice shall be given to each worker
concerned.
21. Health, Safety and Welfare Committee.- (1) Every
establishment wherein one hundred or more workers
are ordinarily employed, there shall be constituted a
Health, Safety and Welfare Committee.
(1) The representative of the employer and
workers on the Health, Safety and Welfare
Committee shall include,-
(a) senior official who by his position in the
organisation can contribute effectively to the
function of the Committee and he shall be the
Chairman.
(b) A representative or head of the Department or
in-charge of section or Department in an
establishment e.g. sales, purchase, material,
personnel, etc., if any.
(c) Maximum ten workers representative
nominated by the workers of the establishment as
members of the Committee.
(2) The following are the duties, functions and
responsibilities of the Committee, namely:-
(a) To survey the premises and to examine whether
there are any accident prone spots in the
premises or defects or hazarduous object or
hazards in the premises.
(b) To follow and pursue to get such spots,
defects, objects or hazards rectified.
(c) To conduct health care or wellness camps once
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in a year in the organisation or establishment.
(d) To create awareness about any contiguous
disease or epidemics or any natural calamities or
any calamities due to accident, fire, etc.
(e) To conduct recreation, cultural, sports
activities annually.
(f) To conduct social and educational awareness
programmes like Swaccha Bharat Abhiyan, Tree
Plantation, Family Welfare, Beti Bachao-Beti Padhao, etc.
(g) It shall be the duty and responsibility of the
Committee to organize above event with due care
and diligence.
22. Cleanliness, Lighting, Ventilation.- Premises of
every establishment shall be kept clean and free from
infection. It should have proper ventilation and
lighting. No rubbish, filth or debris shall be allowed
to accumulate or to remain on any premises or in an
establishment or in the surroundings of such
establishment in such position that effluvia therefrom
can arise within the establishment or its surroundings.
23. Precautions against fire.- Every employer
shall take all the measures to protect the premises and
the workers therein from the danger of fire. He shall
adopt and implement all such measures as suggested
or directed by the Fire Protection Department of the
Local Authority or Fire Brigade of that local area or
any such authority. It shall be his duty to follow the
norms and guidelines for protection against fire as per
any law for the time being in force or any direction
or instruction issued by any Local Authority or any
such authority wherein the establishment is situated.
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24. First-Aid Appliances.- Every employer shall
maintain such duly equipped first-aid box in each
establishment with the following first-aid appliances
and medicine, namely:-
(i) small, medium and large sterilized dressing in
required numbers
(ii) large size sterilized burn dressing in required
numbers
(iii) packets of sterilized cotton-wool in required
numbers
(iv) pair of dressing scissors.
(v) bottle contaning solution of iodine or mercury-
chrome.
(vi) bottle contaning solution of savolatine having the
dose and mode of administration indicated on the
lable.
(vii) bottle contaning potassium permanganate
crystals.
(viii) any antidote for burns.
25. Latrines and Urinals.- Every employer either
individually or group of employers shall provide and
maintain a common, neat and clean urinal and latrines
facility with supply of anti bacterial liquid soap for
men and women worker separately in such sufficient
numbers. It shall be well ventilated with exhaust fan
and lighted and safe for use of women worker in
particular. It should have a proper provision of water
supply and flushing of waste.
26. Maintenance of Registers and Records.- (i) The
employer shall maintain a Muster-Roll cum Wages
Register in Form „Q‟
Provided that where any employer or manager
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maintains a Muster Roll-cum-Wages Register under
sub-rule (1) of rule 27 of the Maharashtra Minimum
Wages Rules, 1963, it shall not be necessary for him
to maintain Muster Roll-cum-Wages Register as per
Sub-clause (i) of Rule 26.
(ii) Every entry in the register or records requires
to be maintained under these Rules shall be
authenticated digitally or manually by the employer
or the manager or any person so authorised by him.
The entries relating to overtime shall be made
immediately after completion of such overtime work.
In case both the employer and the manager are absent
on any day, the entries shall be authenticated by such
person as may be authorised in writing by the
employer.
(iii) Every register, record and notice required to be
maintained, exhibited or given under these Rules shall
be either in Marathi or in English language.
(iv) Every employer or manager shall preserve the
inspection records of the Facilitator for a period of
Five years and shall produce the same whenever
demanded by the Facilitator.
(v) Where an office, store-room, godown, warehouse,
or work place used in connection with the trade and
business of a shop is situated at the premises other
than the premises of such establishment, all such
registers, records, muster-rolls, notices, etc. required
to be maintained, exhibited or given under the Act
and these Rules shall be separately so maintained,
exhibited or given in respect of such office, store-
room, godown, warehouse or work place, etc.
27. Annual Return.- Every employer shall online
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upload the Annual Return in Form „R‟ on the website
within two months after the closing of the financial
year ending on 31st March.
28. Supervision of State Government over Local
Authority.- (i) If the Local Authority to whom the
duty of enforcing the provisions of this Act is
delegated under section 27 of the Act makes default
in the performance of any duty imposed by or under
this Act, the State Government may appoint
appropriate person to perform it and may direct that
the expenses of the person so appointed to perform
the duty, shall be paid forthwith by the Local
Authority.
(ii) The Chief Facilitator shall review the
performance of such Local Authority periodically.
(iii) Every such Local Authority shall submit a report
to the Chief Facilitator in such form as instructed by
him.
29. Qualification of Facilitator.- A person shall hold
atleast a degree of any recognised University or an
equivalent qualification, for being qualified to be
appointed as a Facilitator.
30. Duties and powers of Facilitator.- (i) The
Facilitator shall make such examination as may
appear to him to be necessary for the purpose of
satisfying himself that the provisions of the Act and
Rules and any orders issued by the Government or the
Local Authority under the Act and Rules made
thereunder are duly observed;
(ii) He shall maintain a monthly diary as per the
instructions of the Chief Facilitator and submit it to
such officer as directed by the Chief Facilitator as per
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office order;
(iii) It shall be his duty to serve all the notices and
orders as per the Act to the concerned persons issued
by the Compounding Officer;
(iv) It shall be his duty to carry out inspection as
per the online randomisation inspection system or any
other system for the time being in force in the office
of the Chief Facilitator;
(v) It shall be the duty of the Facilitator to carry
out monthly reconciliation of the application and fees
received online and the fees deposited in the treasury;
(vi) It shall be the duty of each Facilitator to
maintain Court Cases Register individually and the
register of cases referred to the Compounding
Authority as per the instruction of the Chief
Facilitator.
(vii) It shall be the duty of the Facilitator to advise
the employer so as to comply with the irregularities
pointed out by him in his inspection memo. It shall
also be his duty to guide the workers in an
establishment about their rights under the Act and the
remedies available to them.
(viii) It shall be his duty to confirm that the
defaulting employer has paid the fees as per the
direction of the Compounding Officer and shall verify
whether the amount is deposited in the local area
treasury office.
31. Application for Compounding of Offence.- (a)
Every application for compounding of an offence
shall be in the Form „S‟.
(b) The Compounding Officer shall maintain a proper
Rojnama of all the cases heard by him.
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(c) The Compounding Officer notified under section
33(1) of the Act shall regularly hold sittings in each
district or in such a place in the local area as per the
work load or the matter referred to it.
32. Procedure for Compounding of Offence.- (i) The
Compounding Officer on receipt of an application
shall examine all the documents, the nature of
breaches of the Act and Rules framed thereunder and
shall pass a detailed order within working seven days
from receipt of application. The Compounding
Officer while determining the amount of
compounding fees shall have regard to the seriousness
of breaches, nature of an offence and evidence on
record. The Compounding Officer shall on receipt of
the compounding fees make the order for deposit of
compounding fees and after deposit of such amount,
the offence shall be compounded and the
Compounding Officer shall make necessary entries in
a register kept for that purpose.
(ii) An order passed by the Compounding Officer
shall be forwarded to the concerned local Facilitator
for serving the same to the defaulting employer
within working seven days.
(iii) The maximum fees for compounding of
offence may be imposed by the Compounding Officer
shall not be less than seventy five per cent of the
maximum fine specified for such offence under the
Act.
(iv) In calculating the period for filling of
prosecution under section 32, the time period taken
for compounding of offence shall be excluded.
33. Intimation of persons discharging Managerial
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function.- Every employer registered under section 6
shall inform to the Facilitator in Form „T‟ the names
and designation and brief nature of duties of such
persons who are discharging managerial function.
34. Intimation of persons doing confidential work.-
Every employer shall inform in Form „U‟ the names
of such persons who are occupying position of
confidential character in an establishment. However,
the number of such persons shall not be more than
one percent of the total strength of workers of the
establishment subject to a maximum of fifty persons.
35. Name Board to be in Marathi.- The Name Board
of every establishment shall be in Marathi language in
Devnagari Script and shall essentially be written in
the beginning:
Provided that, the employer may also have the
Name Board in any other language and script in
addition to Marathi in Devnagari Script. However, the
font size of Name Board in Marathi shall not be less
than that of the Name Board in any other language:
Provided further that, no establishment where
liquor is served or sold shall have a Name Board in
the name of legends or fort.
36. Cancellation of Registration Certificate- Where
the Facilitator proposes to take action under Section 8
for cancellation of registration he shall, -
i) by a notice require the employer to submit his say
as to why the registration shall not be cancelled.
ii) if, within 10 days from the date of the receipt of
the notice, the employer fails to submit his say
alongwith relevant documents, the facilitator may
cancel the registration. If within the period of ten
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days, the employer submits his say alongwith all
relevant documents the facilitator may, after
considering the say and the documents either
withdraw the notice or cancel the registration as he
may deem fit.
********
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Form –„A‟ PHOTO
(See rule 3)
APPLICATION FOR REGISTRATION
1 Name of the Establishment :-
2 Postal address and situation of the
Establishment
:-
3 Date of commencement of
Business
4 Nature of Business :-
Whether establishment falls under
Public Sector or Private Sector
Note- (a) Establishment in public sector means an establishment owned or
managed by (i)the Government or Department of the Government (ii) a
Government Company as defined in clause (45) of section 2 of the
Companies Act, 2013 (18 of 2013) (iii)a Corporation (including co-
operative society) established by or under any Central Act or State Act
which is owned, controlled and managed by the Government (iv)aLocal
Authority.
(b) Establishment in private sector means an establishment which is not
an establishment in public sector.
5 Address of the office, storeroom,
godown, warehouse or work place, if
any, other than the above address.
(should be field only when office,
showroom, etc. is not separately
registered under the Act.)
6 Name of the Employer.
7 Residential Address of the Employer.
Status/ Designation
Mobile No. and e-mail id
Adhar Card No. (upload copy)
8 (1) Category of Establishment (i.e.
Shop/ Commercial Establishment/
Residential Hotel/ Restaurant/
Theatre/ Other places of public
:-
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amusement or entertainment and
other establishment)
(2) Type of organisation (i.e.
Proprietor, Partnership, LLP,
Company/ Trust/ Co-operative
Society/ Board)
9 Details of the Partner/ Director/
Trustee/ Board and Society Members.
:- Name and
Residential
Address
Aadhar
Card
No.
Mobile No.
and e-mail
id.
10 Government Resolution No. in case of
Board/ Corporation. (upload copy)
:-
11 In case of Company or LLP, certificate
of incorporation or partnership
registration certificate of appropriate
authority (upload copy)
12 In case of Co-operative Society or
Trust, the certificate of registration of
appropriate authority (upload copy)
13 Reserve Bank of India/Securities and
Exchange Board of India/ Insurance
Regulatory and Development
Authority, etc. Registration No. or any
such registration number which is
mandatory before starting such business
as banking/ share/ mutual fund/
insurance/ finance lending institute, etc.
(upload copy)
:-
14 Name of the members of employer's
family employed in the establishment
:- Name of the person Relation
15 Name of the other persons occupying :- Name of the person Designation
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position of management or workers
engaged in confidential capacity
16 Manpower/ Workers Details :- Men Women
Persons working in Managerial/
Supervisory/Confidential capacity
No. of workers other than above :-
No. of apprentices under the
ApprenticesAct, 1961 (52 of 1961)
:-
No. of contract labour :-
No. of part-time workers :-
Total :-
17 a) Name and Residential Address of
Authorized person
:- Name
and
e-mail ID
Aadhar
Card No.
Mobile No.
b) Name and Residential Address of
Manager
Name
and
e-mail ID
Aadhar
Card No.
Mobile No.
18 (A) Is the place of business conducted
in owned premises ?
:- Yes / No
If yes, details of the place of business as
per agreement.
:- Name of the owner -
Address of the premises –
Plot No.-
Gala/ Shop No. –
City Survey No.-
Name of the Building/ Society -
Name of the Road –
Locality, District, Taluka, Village –
Pin No. -
If the place of business is located in self owned premises documents mentioned at
serial number (4) of Part-A of the Schedule should be uploaded alongwith the
application.
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 22
(B) Is the place of business conducted
in rental premises
Yes / No
If yes, upload any one of the following
documents relating to the owner of the
premises
Name of the owner -
Name of the Leasee -
Address of the premises –
Plot No.-
Gala/ Shop No. –
City Survey No.-
Name of the Building/Society -
Name of the Road –
Locality, District, Taluka, Village –
Pin -
If the place of business is located in rented or leased premises documents mentioned
at serial number (5) of Part-A of the Schedule should be uploaded alongwith the
application.
19 Is the business conducted in the
premises owned/rented by any member
of the family/relative?
:- Yes / No
If yes, no objection letter for doing such
business in the premises of such owner
shall be obtained and uploaded,
alongwith documents mentioned in
column No. 18.
20 Is the place of business is conducted in
a flat/apartment or residential unit in a
housing society ?
:- Yes/ No
If yes, obtain and upload a no objection
certificate from the society or any such
authority responsible for the
maintenance of the premises, alongwith
documents mentioned in column No.
18.
21 Period for renewal which is required.
(No. of years – maximum upto 10
No.of years
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 23
years)
22. Self-Declaration
I/ We hereby solemnly affirm and state that the business which I/we have started
is not banned or prohibited by any Act, Rules, Law or Order of any Court of Law or any
competent authority and the premises where I/ we are conducting the said business is free
from violation of any Act, Rules, Order of any Court of Law or any Competent
Authority.
I/ We hereby declare that the information provided above is true and correct to
the best of my personal knowledge, information and belief. I am fully aware about the
consequences of giving false information. If the information is found to be false, I shall
be liable for procecution and punishment under the Indian Penal Code (45 of 1860) and
/or any other law applicable thereto.
I/ We have obtained necessary licenses, permissions, permit for the conduct of
this business and the place of business from the appropriate Authority.
I/We shall be responsible and liable for legal action if the business is conducted
without proper licence, permission, permit from the appropriate Authority.
I / We submit and declare that I/We will not undertake any illegal activity or any
business prohibited in law in force in India.
I / We declare that the place of business is not located in any area wherein
commencing / running of such business is prohibited by any law or order of any
Competent Authority.
I / We hereby declare that the copies attested by me are true copies of original
documents. I am well aware of the fact that if the copies are found false/forged, I shall be
liable for procecution and punishment under the Indian Penal Code (45 of 1860) and /or
any other law applicable thereto.
I / We undertake to abide by the provisions of the Maharashtra Shops and
Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (Mah.
LXI of 2017) and the Rules and orders passed thereunder by any Authority.
Date:
Place: Name and Signature of Applicant.
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 24
symbol
Form – „B‟
(See rule 5)
REGISTRATION CERTIFICATE
1. Registration Number :-
2 Name of the Establishment :-
3. This certificate is issued based on the application and the uploaded Self-
Certified documents and declaration given by the applicant, without physical
verification of the existence of establishment, the nature of business carried out
and the details mentioned in the application.
This is just a certificate of registration and does not give any right to
property or possession of the rights of the premises or property.
The certificate shall be renewed thirty days before expiry of registration.
4. Date of commencement of business :-
5 Period for which registration is
obtained
:-
6. Name of the Employer :-
7. Nature of Business :-
8. Postal Address of Establishment :-
9. Details of Manpower/ employee :- Men Women
No. of persons working in
Managerial/Supervisory/confidential
capacity
:-
No. of workers other than above :-
No. of apprentices under the
Apprentices Act, 1961 (52 of 1961)
:-
No. of contract labour :-
No. of part time workers :-
Total :-
:-
It is hereby certified that the above establishment has been registered under the
Maharashtra Shops and Establishments (Regulations of Employment and Conditions of
Service) Act, 2017 (Mah. LXI of 2017) on this __________ day of __________20____as
shop/commercial establishment/eating house/residential hotel/theater or other places of
public amusement or entertainment and other establishment.
Date :
Place:
Name & Signature of Facilitator
Office Address
Date of Expiry Application Id No. Fees paid (rupees)
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 25
Form – „C‟
(See rule 5)
REGISTER OF ESTABLISHMENT
Sr. No. Registration
Certificate
No. with
Date
Name and
Address of the
Establishment
Name and residential
address of the
Employer
Name and residential
address of the
Authorised
Person and
Manager
Whether
establishment
falls under public/
private sector
Situation of office, showroom, godown,
warehouse or workplace, if any, attached
to a shop but situated in premises
different from those of the shop
1. 2. 3. 4. 5. 6. 7.
Date of
Commencement
of business
Nature of
business
No. of family
members of
employer
employed in
the
establishment
(Men/Women)
No. of other persons
occupying position of
management or
persons engaged in
confidential capacity.
Total No. of
workers
(including
part-time
workers)
Date of
renewal of
registration
certificate .
Fees
paid
Application
ID No.
Remarks, if any.
8. 9. 10. 11. 12. 13. 14. 15 16
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 26
Form – „D‟ PHOTO
(See rule 6)
APPLICATION FOR RENEWAL OF REGISTRATION
CERTIFICATE
1 Previous details of establishment
a) In case of online registration
i) Registration No. (Sr.No.1 on the certificate issued
online)
ii) Aplication IDNo.
b) In case of manual registration
RegistrationNo.
Date of Expiry
Period for which (in years) renewal is
required (Max. upto 10 years)
2 Name of the establishment as per
certificate
3 Postal Address and situation of
the establishment
Address of Registered Office /
Head office, If any
4 Nature of Business :-
Whether establishment falls under
Public Sector or Private Sector
Public/Private
Note- (a) Establishment in public sector means an establishment owned or
managed by (i)the Government or Department of the Government (ii) a
Government Company as defined in clause (45) of section 2 of the
Companies Act, 2013 (18 of 2013) (iii) a Corporation (including co-operative
society) established by or under any Central Act or State Act w hich is owned,
controlled and managed by the Government (iv) a Local Authority.
(b) Establishment in private sector means an establishment which is not an
establishment in public sector.
5 Address of the office storeroom,
godown, warehouse or work place if
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 27
any other than the above address.
(should be field only when office
showroom etc. is not separately
register under the Act)
6 Name of the Employer.
7 Residential Address of the Employer.
Status/ Designation
Mobile No. and e-mail ID
Adhar Card No. (upload copy)
8 Name and residential address of the
Manager, if any.
9 (1) Category of Establishment (i.e.
Shop / Commercial Establishment/
Residential Hotel / Restaurant /
Theatre / Other places of public
amusement or entertainment and
other establishment)
(2) Type of organization (i.e.
Proprietor, Partnership, LLP,
Company/Trust/ co-operative
Society/ Board)
:-
10 Details of the Partner/ Director/
Trustee/ Board and Society Members.
:- Name and
Residential
Address
Aadhar
Card No.
Mobile No. and
Email Id.
11 Government Resolution No. in case of
board/ corporation. (upload copy)
:-
12 In case of Company or LLP, certificate
of incorporation or partnership
registration certificate of appropriate
authority (upload copy)
13 In case of Co-operative Society or
Trust, the certificate of registration of
appropriate authority (upload copy)
14 Reserve Bank of India/Securities and
Exchange Board of India/ Insurance
:-
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 28
Regulatory and Development
Authority etc. Registration No. or any
such registration number which is
mandatory before starting such
business as banking/ share/ mutual
fund/ insurance/ finance lending
institute, etc. (upload copy)
15 Name of the members of
employer's family employed in
the establishment
:- Name of the person Relation
16 Name of the other persons
occupying position of
management or workers engaged
in confidential capacity
:- Name of the person designation
17 Manpower/ employee Details :- Men Women
No. of persons working in Managerial/
Supervisory/Confidential capacity
No. of workers other than above :-
No. of apprentices under the
Apprentices Act, 1961 (5 of 1961)
:-
No. of contract labour :-
No. of part time workers :-
Total
:-
18 (a) Name and Residential Address of
Authorized person
:- Name
and
e-mail Id.
Aadhar
Card No.
Mobile No.
(b) Name and Residential Address of
Manager
Name
and
e-mail Id.
Aadhar
Card No.
Mobile No.
19 (A) Is the place of business conducted
in owned premises ?
:- Yes / No
If yes, details of the place of business
as per agreement.
:- Name of the owner -
Address of the premises –
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 29
Plot No.-
Gala/ Shop No. –
City Survey No.-
Name of the Building/ Society -
Name of the Road –
Locality, District, Taluka, Village –
Pin No. -
If the place of business is located in self owned premises documents mentioned at serial
number (5) of Part-B of the Schedule should be uploaded alongwith the application.
(B) Is the place of business conducted
in rental premises
Yes / No
If yes, upload any one of the following
documents relating to the owner of the
premises
Name of the owner -
Name of the Leasee -
Address of the premises –
Plot No.-
Gala/ Shop No. –
City Survey No.-
Name of the Building/Society -
Name of the Road –
Locality, District, Taluka, Village –
Pin -
If the place of business is located in rented or leased premises documents mentioned at
serial number (6) of Part-B of the Schedule should be uploaded alongwith the
application.
20 Is the business conducted in the
premises owned/rented by any member
of the family/relative?
:- Yes / No
If yes, no objection letter for doing such
business in the premises of such owner
shall be obtained and uploaded,
alongwith documents mentioned in
column No. 19.
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 30
21 Is the place of business is conducted in
a flat/apartment or residential unit in a
housing society ?
:- Yes/ No
If yes, obtain and upload a no objection
certificate from the society or any such
authority responsible for the
maintenance of the premises, alongwith
documents mentioned in column No.
19.
22. Self-Declaration
I/ We hereby solemnly affirm and state that the business which I/we have started
is not banned or prohibited by any Act, Rules, Law or Order of any Court of Law or any
competent authority and the premises where I/ we are conducting the said business is free
from violation of any Act, Rules, Order of any Court of Law or any Competent
Authority.
I/ We hereby declare that the information provided above is true and correct to
the best of my personal knowledge, information and belief. I am fully aware about the
consequences of giving false information. If the information is found to be false, I shall
be liable for procecution and punishment under the Indian Penal Code (45 of 1860) and
/or any other law applicable thereto.
I/ We have obtained necessary licenses, permissions, permit for the conduct of
this business and the place of business from the appropriate Authority.
I/We shall be responsible and liable for legal action if the business is conducted
without proper licence, permission, permit from the appropriate Authority.
I / We submit and declare that I/We will not undertake any illegal activity or any
business prohibited in law in force in India.
I / We declare that the place of business is not located in any area wherein
commencing / running of such business is prohibited by any law or order of any
Competent Authority.
I / We hereby declare that the copies attested by me are true copies of original
documents. I am well aware of the fact that if the copies are found false/forged, I shall be
liable for procecution and punishment under the Indian Penal Code (45 of 1860) and /or
any other law applicable thereto.
I / We undertake to abide by the provisions of the Maharashtra Shops and
Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (Mah.
LXI of 2017) and the Rules and orders passed thereunder by any Authority.
Date:
Place: Name and Signature of Applicant.
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 31
symbol
Form – „E‟
(See rule7)
RENEWED CERTIFICATE OF REGISTRATION
1. Registration Number :-
2. Old Registration Number and date :-
3. Name of the Establishment :-
4. This certificate is issued based on the application and the uploaded Self-
Certified documents and declaration given by the applicant, without physical
verification of the existence of establishment, the nature of business carried out
and the details mentioned in the application.
This is just a certificate of registration and does not give any right to
property or possession of the rights of the premises or property.
The certificate shall be renewed thirty days before expiry of registration.
5. Date of commencement of business :-
6. Period for which registration is
obtained
:-
7. Name of the Employer :-
8. Nature of Business :-
9. Postal Address of Establishment :-
10. Manpower/ Workers Details
:- Men Women
No. of persons working in
Managerial/Supervisory/Confidential
capacity
:-
No. of workers other than above :-
No. of apprentices under the
Apprentices Act, 1961 (52 of 1961)
:-
No. of contract labour :-
No. of part time workers :-
Total :-
:-
It is hereby certified that the above establishment has been registered under the
Maharashtra Shops and Establishments (Regulations of Employment and Conditions of
Service) Act, 2017 on this __________ day of __________20____as shop/commercial
establishment/eating house/residential hotel/theater or other places of public amusement
or entertainment and other establishment
Date :
Place:
Name & Signature of Facilitator.
Office Address.
Date of Expiry Application Id No. Fees paid (rupees)
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 32
Form – „F‟ PHOTO
(See rule 8)
APPLICATION FOR INTIMATION
1 Name of the Establishment :-
2 Previous details of establishment :-
In case of online Certificate
(i) Registration No.
:-
(ii) Aplication ID No. :-
3 In case of Manual Certificate
Registration No.
:-
4 Date of Expiry :-
5 Postal address and situation of the
Establishment
:-
6 Date of Commencement of
Business
:-
7 Nature of Business :-
Whether establishment falls under
Public Sector or Private Sector
:- Public / Private
Note- (a) Establishment in public sector means an establishment owned
or managed by (i)the Government or Department of the Government (ii)
a Government Company as defined in clause (45) of section 2 of the
Companies Act,2013 (18 of 2013) (iii)a Corporation (including co-
operative society) established by or under any Central Act or State Act
which is owned, controlled and managed by the Government (iv)aLocal
Authority.
(b) Establishment in private sector means an establishment which is not
an establishment in public sector.
8 Total No. of Employee :- Men… Women... Total ……
9 Name of the Employer
Residential Address of the Employer
Status / Designation
Mobile No. and e-mail ID
Adhar Card No. (upload copy)
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 33
10 Name, Address, Mobile No. and E-mail
ID of the Manager (if any)
11 (a) Category of Establishment
i.e. Shop/ Commercial Establishment/
Residential Hotel/ Restaurant / Theatre
/ Other places of public amusement or
entertainment and other establishment
:-
(b) Type of organisation
i.e. Proprietor, Partnership, LLP,
Company/ Trust/ Co-operative Society/
Board
12 Name of the members of
employer's family employed in the
establishment
:- Name of the
person
Relation
13. Self-Declaration
I/ We hereby solemnly affirm and state that the business which I/we have started
is not banned or prohibited by any Act, Rules, Law or Order of any Court of Law or any
competent authority and the premises where I/ we are conducting the said business is free
from violation of any Act, Rules, Order of any Court of Law or any Competent
Authority.
I/ We hereby declare that the information provided above is true and correct to
the best of my personal knowledge, information and belief. I am fully aware about the
consequences of giving false information. If the information is found to be false, I shall
be liable for procecution and punishment under the Indian Penal Code (45 of 1860) and
/or any other law applicable thereto.
I/ We have obtained necessary licenses, permissions, permit for the conduct of
this business and the place of business from the appropriate Authority.
I/We shall be responsible and liable for legal action if the business is conducted
without proper licence, permission, permit from the appropriate Authority.
I / We submit and declare that I/We will not undertake any illegal activity or any
business prohibited in law in force in India.
I / We declare that the place of business is not located in any area wherein
commencing / running of such business is prohibited by any law or order of any
Competent Authority.
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 34
I / We hereby declare that the copies attested by me are true copies of original
documents. I am well aware of the fact that if the copies are found false/forged, I shall be
liable for procecution and punishment under the Indian Penal Code (45 of 1860) and /or
any other law applicable thereto.
I / We undertake to abide by the provisions of the Maharashtra Shops and
Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (Mah.
LXI of 2017) and the Rules and orders passed thereunder by any Authority.
Date:
Place: Name and Signature of Applicant.
C:\LAB 2018\Rule MSEA\Shop and Estbl. Rules Final.docx (29.01.2018).docx 35
LOGO
Form – „G‟
(See rule 9)
INTIMATION RECEIPT
The applicant has intimated the following details for having commenced the
Business in Form “F” to this office. The details thereof are as follows: –
1 Receipt Number :-
2 Application Id number :-
3 Name of the Establishment :-
4 Total No. of Workers :-
5 a) Name of the Employer :-
b) Postal Address of the Establishment :-
c) Registered Office Address of the
Establishment (if any)
:-
6 This is just an acknowledgement of the intimation application and not a proof of
existence of the business and the place of business as mention in the Intimation
application. It shall be the responsibility of theemployer to obtain all theprior and post
permission, permit, licenses mandatory for the conduct of the said business and for the
place of business from the concerned authority.
7 Nature of Business :-
8 Old Registration No. and Date, if applicable :-
(Note :-This is an electronically generated receipt, hence does not required signature.)
Date:
Place: Office Address.
[Type text]
Form – „H‟
(See rule 9)
REGISTER OF ESTABLISHMENT WHO HAVE GIVEN INTIMATION
(For Establishment engaging less than ten workers)
Sr.
No.
Intimation
Receipt
No. with
Date
Name and
Address of the
Establishment
Name and
residential
address of
the
Employer
Name and
residential
address of
the
Authorised
Person and
Manager
Whether
establishment
falls under
public/
private sector
Situation of
office,
showroom,
godown,
warehouse or
workplace, if
any, attached to
a shop but
situated in
premises
different from
those of the
shop
Date of
Commen
cement
of
business
Nature of
the
business
No. of
family
members of
employer
employed
in the
establishme
nt
(Men/Wom
en)
Total No.
of
Workers
[Including
part time
workers]
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
[Type text]
Form – „I‟
(Seerule 10)
NOTICE OF CHANGE
To,
The Facilitator,
Office Address.
Subject:- Request to make the changes in the Registration Certificate No. …………….. as
mentioned below.
Dear Sir,
It is to inform you that I/We wish to make following changes in the Registration
Certificate as per details mentioned below:-
Details.
1 Name of the employer. :-
2 Aadhar card no. of the
employer.
:-
3 Registration Certificate No./
Intimation Receipt No.
:-
4 The following change shall be made in the registration certificate :-
Existing details Change to be made
(a) Name of the
Establishment
:-
(b) Name of the
employer/ applicant
(c) Nature of Business :-
(d) Postal address of
place of the
establishment
:-
(e) Manpower Details Change the figure in manpower as follows.
:- Men Women Total
existing new existing new existing New
(f) Any other details to
be changed
:-
5 Self- Declaration
I/ We hereby solemnly affirm and state that the business which I/we have started
is not banned or prohibited by any Act, Rules, Law or Order of any Court of Law or any
competent authority and the premises where I/ we are conducting the said business is free
from violation of any Act, Rules, Order of any Court of Law or any Competent
Authority.
I/ We hereby declare that the information provided above is true and correct to
the best of my personal knowledge, information and belief. I am fully aware about the
[Type text]
consequences of giving false information. If the information is found to be false, I shall
be liable for procecution and punishment under the Indian Penal Code (45 of 1860) and
/or any other law applicable thereto.
I/ We have obtained necessary licenses, permissions, permit for the conduct of
this business and the place of business from the appropriate Authority.
I/We shall be responsible and liable for legal action if the business is conducted
without proper licence, permission, permit from the appropriate Authority.
I / We submit and declare that I/We will not undertake any illegal activity or any
business prohibited in law in force in India.
I / We declare that the place of business is not located in any area wherein
commencing / running of such business is prohibited by any law or order of any
Competent Authority.
I / We hereby declare that the copies attested by me are true copies of original
documents. I am well aware of the fact that if the copies are found false/forged, I shall be
liable for procecution and punishment under the Indian Penal Code (45 of 1860) and /or
any other law applicable thereto.
I / We undertake to abide by the provisions of the Maharashtra Shops and
Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (Mah.
LXI of 2017) and the Rules and orders passed thereunder by any Authority.
Date:
Place: Name and Signature of Applicant.
[Type text]
Form – „J‟
(See rule 11(1))
INTIMATION OF CLOSING OF BUSINESS
To,
The Facilitator,
Office address.
Subject : Closing of business and removal of the name of the
Establishment from the Register.
Dear Sir,
I/We wish to inform you that I/We have permentantly closed the business of the
establishment as per the details mentioned below :-
I/We request you to cancel our Registration number and remove the name of our
establishment from your records.
Details of establishment.
1 Registration Certificate no. :-
2 Validity period
3 Name of the Establishment :-
4 Postal Address of place of
establishment
:-
5 Registered/ principal office address,
if any.
:-
6 Type of organization :- Proprietor, Partnership, LLP,
Company/Trust/ Society/ Board
7 (A) Category of business
(B) Nature of business
:-
8 Name and residential address of the
Proprietor
:-
9 Details of the Partner / Director/
Trust/Board Member/Member
:-
10 Name and residential address of
Authorized person, if any.
:- Name and e-mail
Aadhar
Card No
Mobile
No.
[Type text]
11 Name and residential address of
Manager, if any .
Name and
Aadhar
Card No.
Mobile
No.
12 Manpower Details
:- Men Women Total
13 Date of closing of business
:-
14 Reasons for closing of business
:-
15 Self- Declaration
I/ We hereby solemnly affirm and state that the business which I/we had started
was not banned or prohibited by any Act, Rules, Law or Order of any Court of Law or
any competent authority and the premises where I/ we were conducting the said business
was free from violation of any Act, Rules, Order of any Court of Law or any Competent
Authority.
I/ We hereby declare that the information provided above is true and correct to
the best of my personal knowledge, information and belief. I am fully aware about the
consequences of giving false information. If the information is found to be false, I shall
be liable for procecution and punishment under the Indian Penal Code (45 of 1860) and
/or any other law applicable thereto.
Date:
Place: Name and Signature of Applicant.
[Type text]
Form – „K‟
(See rule 11(2))
INTIMATION OF CLOSING OF BUSINESS
(For establishment engaging less than ten workers)
To,
The Facilitator,
Office address.
Subject : Closing of business and removal of the name of the
Establishment from the Register.
Dear Sir,
I/We wish to inform you that I/We have permentantly closed the business of the
establishment as per the details mentioned below :-
I/We request you to remove the name of our establishment from your register.
Details of establishment.
1 Intimation Receipt no. :-
2 Name of the Establishment :-
3 Postal Address of place of
establishment
:-
4 Registered/ principal office address,
if any.
:-
5 Type of organization :- Proprietor, Partnership, LLP,
Company/Trust/ Society/ Board
6 (A) Category of business
(B) Nature of business
:-
7 Name & Residential Address of the
Proprietor
:-
8 Details of the Partner / Director/
Trust/Board Member/Member
:-
9 Name and Residential Address of
Authorized person, if any.
:- Name and
Aadhar Card
No
Mobile
No.
10 Name and Residential Address of
Manager, if any .
Name and e-mail
Aadhar Card
No
Mobile
No.
[Type text]
11 Manpower Details :- Men Women Total
12 Date of closing of business
:-
13 Reasons for closing of business
:-
14 Self- Declaration
I/ We hereby solemnly affirm and state that the business which I/we had started
was not banned or prohibited by any Act, Rules, Law or Order of any Court of Law or
any competent authority and the premises where I/ we were conducting the said business
was free from violation of any Act, Rules, Order of any Court of Law or any Competent
Authority.
I/ We hereby declare that the information provided above is true and correct to
the best of my personal knowledge, information and belief. I am fully aware about the
consequences of giving false information. If the information is found to be false, I shall
be liable for procecution and punishment under the Indian Penal Code (45 of 1860) and
/or any other law applicable thereto.
Date:
Place: Name and Signature of Applicant
[Type text]
Form – „L‟
(See rule 13)
CONSENT OF WOMEN WORKER TO WORK IN NIGHTSHIFT
I Miss / Smt. .------------------------------------------ residing at --------------------------------
-------------------------------------------------------------------------------------( Full Address )
state that I am working as (Designation) -------------------------- in M/s. ----------------------
----------------------------------------------------- since ---------------------------------------------
I am aware that, -
the employer will provide safe transport facility from the doorstep of my residence to the
place of work and vice-versa–and that there will be at least three women worker working
in the nightshift and that there is a Committee to prevent sexual harassment at work
place under the Chairmanship of Smt. ----------------------------------------------------
I am therefore willing to work at nightshift for the period from --------------- to ----------
period.
Date :
Place : Signature of the Women worker.
Name, adddressand Signature of witnesses
1.-------------------------------------
2.-------------------------------------
[Type text]
FORM – „M‟
( See rule 14 )
NOTICE OF WEEKLY HOLIDAY
Name and address of the Establishment : _____________________________________
Name of the Manager/Authorised representative. : _____________________
All the workers in the establishment are hereby informed that the days of weekly
holiday of each worker is given below:-
Sr.
No.
(1)
Name of worker
(2)
Designation
(3)
Day of weekly
holiday
(4)
Hours of
Work
form … to…
(5)
1.
2.
3.
Date :
Signature of the Manager or
Authorised representative.
Place :
[Type text]
FORM- „N‟
(See rule16)
LIST OF WORKERS ENGAGED IN SHIFT
All the workers in establishment are hereby informed that the establishment shall operate
in more than one shift from ---------------- date. The shift schedule of the workers is as
follows: -
Shift schedule for the month --------
Sr.
No.
Name of the
worker
Designation Dates of
the
Month
Dates of
the
Month
Dates of
the Month
Weekly
holiday day.
1st Shift 2
nd Shift 3
rd shift
1 From –
To -
From –
To -
From –
To -
2
3
4
Date:
Place: Signature of Manager/ Authorised representative.
[Type text]
Form – „O‟
(See rule 19)
LEAVE BOOK
Name of the establishment :
Name of the worker :
Description of the Department
(if applicable) :
Name of the employer : Receipt of leave book -
Date of entry into service : ( Signature or thumb impression of worker)
Accumulation of
leave
Leave
allowed
Payment for leave
made on
Refusal of leave Payment for Leave on discharge of an worker quitting employment if admissible
1. 2. 3. 4. 5. 6. 7.
Leave
due on
No.
of
days
From ----
To -
1st
Moiety
2nd
Moiety
Application
Date
Date of
Refusal
Date of
discharge
Date and
amount
paid
Signature or left hand thumb
impression of worker
Remarks
DETAILS OF FESTIVAL LEAVE
Period Total Leave Availed Leave Balance Leave Payment made in lieu of
Festival Leave, when called
for work.
Remarks
From To
DETAILS OF CASUAL LEAVE
Period Total Leave Availed Leave Balance Leave Remarks
From To
Name and Signature of Authority.
[Type text]
Form – „P‟
( See rule 20)
NOTICE OF MAXIMUM LEAVE ACCUMULATED
Name and address of the establishment.
Name of the Authorised person / Manager.
Notice.
As per section 18 (5) of the Maharashtra Shops and Establishments (Regulation
of Employment and Conditions of Service) Act, 2017 (Mah. LXI of 2017) the maximum
leave that can be accumulated is for 45 days. The following workers whose names are
mentioned below have maximum leave of 45 days accumulated at their credit. Hence, no
further leave due to them but not availed by them will be accumulated and it shall lapse
if unavailed.
Details of workers.
Sr.No. Name of workers Number of
accumulated leave
Period for which leave
is accumulated
From Till
Date :
Place :
Name and Signature of
Authorised Representative
/Manager.
Copy to Workers
[Type text]
Form „Q‟
(see rules 26)
MUSTER-ROLL CUM WAGE REGISTER
Name of the Establishment :
Name of the employer :
Month :
Sr.
No.
(1)
Full Name of the
worker
(2)
Designation Name
of the worker
(3)
Age
(4)
Sex
(5)
Date of
entry into
service
(6)
Working hours
(7)
Interval for Rest
(8)
Date of the Month
(9)
From To From To 1 2 3 4 5 6
Date of the Month
(9)
Total Days worked
(10)
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
[Type text]
Minimum rate
of wages
payable Rs.
(11)
Total production
in case of piece
rate Rs.
(12)
Actual Wages
Paid Rs.
(13)
House Rent
Allowance
Paid Rs.
(14)
Dearness
Allowance Paid
Rs.
(15)
Gross Amount
Payable Rs.
(16)
Total hours of
overtime worked
during the month
(17)
Overtime
earnings Rs.
(18)
Deductions Total
Deduction
Rs.
(27)
Net Payable
Rs.
(28)
Provident
Fund
Contribution
Rs.
(19)
Family
Pension Rs.
(20)
ESI
Contribution
Rs.
(21)
Professional
Tax Rs.
(22)
Income Tax
Rs. (if any)
(23)
Loan and
IntrestRs.
(24)
Advances
Rs.
(25)
Other
Deductions
Rs. (if any)
(26)
Date of Payment
(29)
Signature/ Thumb Impresion
of the worker
(30)
Signature of employer or authorised representative.
[Type text]
Form – „R‟
(See rule27)
ANNUAL RETURN
(for the financial year ending as 31st March ……..)
1. Name of the Establishment
:-
2. Name of the Owner / Partner / Occupier
/Director / Authorised Person
:-
3. Name of the Manager
:-
4. Total number of Workers
Managerial Staff
Workers
Contract Labour
Causal
Part Time
Others
Total
:- Men Women
5. Whether the notice showing the details of
persons engaged in confidential, managerial,
supervisory capacity is sent?
:- Yes No
6. Nature of Business
:-
7. Registration number
Date of Validity of the Registration
Certificate
8. Number of shift if applicable
Average number of persons engaged shift
wise
:- 1st 2
nd 3
rd
9. Whether notice of shift is displayed and
copy sent to the Facilitator?
:- Yes No
10. Number of women workers engaged during
the year (if applicable)
Number of women workers engaged in night
shift
:-
11. Whether consent letter from women workers
working in night shift is obtained? (if
applicable)
:- Yes No
[Type text]
12. Whether notice showing the weekly holiday
of each worker is displayed?
:- Yes No
13. Whether committee under the Sexual
Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act,
2013 (14 of 2013) is constituted ? (if
applicable)
Name of the Chairman of the Committee
:- Yes No N.A.
14. Whether police varification of all the drivers
and staff engaged in transportation of
women workers is obtained ? (if applicable)
:- Yes No
15. Is identity card issued to all workers?
:- Yes No
16. Is leave book maintained ?
:- Yes No
17. Whether Committee for Health, Safety and
Welfare is constituted ? (if applicable)
:- Yes No N.A.
18. Whether all safety measures as per the
directions of fire protection department /
local authority are observed?
:- Yes No
19. Whether First aid box is maintained?
:-
20. Whether the following welfare facilities are
provided (wherever applicable)
(a) sufficient number of laterines and
urinals
(b) Creche
(c) Canteen
:-
Yes No
Yes No N.A.
Yes No N.A.
21. Whether all the records and registers are
maintained and required notices are
displayed.
:- Yes No
22. Any application for compounding of an
offence is made during the year ?
if yes,
Date of application
Date of disposal
Amount of fees deposited
:-
[Type text]
23. Number of accident occured in the
establishment during the year
Number of workers injured
Amount of compensation paid
24. Is the name board displayed in Marathi.
:- Yes No
Declaration
I /we Mr./Mrs.---------------------------------------------------------------- hereby
solemnly affirm that all the information mentioned in the annual return are true
and correct. I /we am/are aware that if any information submitted by me turns out
to be false or not true or incorrect. I shall be liable for legal action under the
concerned Law.
Date :
Place : Signture of Employer.
[Type text]
FORM – „S‟
(Seerule 31)
APPLICATION FOR COMPOUNDING OF OFFENCE BY AN EMPLOYER
To,
The Compounding Officer,
Office Address.
Subject : Request for compounding of offence/s.
Reference : Inspection memo dated …………………………………..
Dear Sir,
This is to inform you that the local areas Facilitator visited and inspected our
establishment on ------------(date). He had pointed out certain breaches of the
Maharashtra Shops and Establishments (Regulation of Employment and Conditions of
Service) Act, 2017 (Mah. LXI of 2017)and the rules made thereunder during his
inspection and an inspections memo as refered above was issued to us. We have
received a notice dt.----------- for compounding of the offence by the authority.
We are willing and request you to compound all the offences mentioned in the
inspection memo, or to compound only the following offences mentioned in the
inspection memo.
Sr.
No.
Section /
Rule
Description of offences in short
You are, therefore, requested to compound the above offences. We will deposit
the amount of fine fees as decided by you within the time mentioned in the order passed
by you.
[Type text]
I/We am/are aware that if we failed to pay the fine in stipulated time we will be
liable for additional fine as per the provisions of the Act and prosecution may also be
launched against us in the Court of Law.
Date : Name and Signature of the Proprietor/
Partner/ Director or Authorised Representative
Place : Name and Address of theEstablishment with Seal.
Shop and Estbl. Rules Final.docx (29.01.2018).docx 55
FORM – „T‟
(Seerule33)
DETAILS OF PERSONS DISCHARGING MANAGERIAL FUNCTIONS
Name and address of the Establishment /Organisation :
E-mail ID / Website Address :
Name of Authorised person/manager :
E-mail ID :
The Management hereby declares the following persons to be the persons who
will be engaged to conduct managerial functions and shall be responsible for discharging
managerial functions, for the period from --------------------- till ---------------- .
Sr.
No.
Name of the person. Designation.
Date :
Place :
Signature of the Manager/Authorised Person.
CC to - Facilitator
Shop and Estbl. Rules Final.docx (29.01.2018).docx 56
FORM – „U‟
( Seerule34)
DETAILS OF PERSONS OCCUPYING POSITION OF CONFIDENTIAL
CHARACTER
Name of the Establishment / Organisation :
E-mail ID /Website Address :
Name of Authorised person/manager :
E-mail ID :
The Management hereby declares that the following persons to be the persons
who will be engaged in and shall be responsible for discharging work of confidential
Nature relating to the Business of the Establishment for the period from ---------------
till ---------------- .
Sr. No. Name of the person. Designation.
Date :
Place :
Signature of the Manager / Authorised Personwith Seal
CC to – Facilitator
Shop and Estbl. Rules Final.docx (29.01.2018).docx 57
SCHEDULE -I
(see rules 3, 6, 8 and 10)
LIST OF DOCUMENTS TO BE UPLOADED
PART- A
(A) Doccuments to be uploaded for New Registration (Form A):-
(1) Aadhar card of the employer.(in case of legal statute such as company, etc.
copy of Adhar card of responsible person under the respective act.)
(2) Actual photo of the establishment displaying the interior and the
NameBoard(Marathi) at the appropriate place of the establishment.
(3) Copy of the Licence, Registration which is mandatory under any other
lawfrom competent authority before starting of such business.
(4) In case of business conducted in owned premises any one of the following:-
(i) Sale/ Purchase Deed
(ii) Current Property Tax paid Receipt
(iii)CurrentElectricity Bill
(iv) CurrentSociety Maintenance Receipt
(5) In case of business conducted in rental /leased premisesany one of the
following documents:-
(i) Lease Agreement
(ii) Leave and LicenceAgreement
(iii) in case where the possession is held by way of any other order of the
court or order of any competent authority, copy of such order. And
(i) Any one document mentioned at Sr. No. 4 with respect to the owner of the
establishment whose premises is rented or leased.
(6) If the place of business is owned or leased or rented by any member of family
or relative No objection letter from such member or relative.
(7) If the place of business is situated in any residential housing society No
objection certificate from the residential society or any such authority
responcible for its maintenance .
(8) All such documents wherever mentioned in the forms.
Shop and Estbl. Rules Final.docx (29.01.2018).docx 58
PART B
(B) Doccuments to be uploaded for Renewal of Certificate of Registration (Form D):-
(1) Aadhar card of the employer.(in case of legal statute such as company, etc.
copy of Adhar card of responsible person under the respective act.)
(2) Actual photo of the establishment displaying the interior and the NameBoard
(Marathi) at the appropriate place of the establishment.
(3) Last Registration Certificate.
(4) Copy of the Licence, Registration which is mandatory under any other law from
competent authority before starting of such business.
(5) In case of business conducted in owned premises any one of the following
documents:-
(i) Sale/ Purchase Deed
(ii) Current Property Tax paid Receipt
(iii)Current Electricity Bill
(iv) Current Society Maintenance Receipt
(6) In case of business conducted in rental /leased premisesany one of the
following documents:-
(i) Lease Agreement
(ii) Leave and Licence Agreement
(iii) In case where the possession is held by way of any other order of the
court or order of any competent authority, copy of such order. And
(i) Any one document mentioned at Sr. No. 5 with respect to the owner of the
establishment whose premises is rented or leased.
(7) If the place of business is owned or leased or rented by any member of family
or relative No objection letter from such member or relative.
(8) If the place of business is situated in any residential housing society No
objection certificate from the residential society or any such authority
responcible for its maintenance .
(9) All such documents as mentioned wherever in the forms.
Shop and Estbl. Rules Final.docx (29.01.2018).docx 59
PART- C
(C) List of documents to be uploaded for intimation ( Form F):-
(1) Aadhar card of the employer.(in case of legal statute such as company, etc.
copy of Adhar card of responsible person under the respective act.)
(2) Actual photo of the establishment displaying the interior and the Name Board
(Marathi) at the appropriate place of the establishment.
PART-D
(D) List of documents applicable to be uploaded for Notice of Change(Form I):-
(1) Aadharcard of the employer.(in case of legal statute such as company, etc.
copy of Adhar card of responsible person under the respective act.)
(2) Actual photo of the establishment displaying the interior and the Name Board
(Marathi) at the appropriate place of the establishment.
(3) Old registration certificate.
(4) Copy of the Licence, Registration which is mandatory under any other law
from competent authority before starting of such business.
(5) In case of business conducted in owned premises any one of the following:-
(i) Sale/ Purchase Deed
(ii) Current Property Tax paid Receipt
(iii) Current Electricity Bill
(iv) Current Society Maintenance Receipt
(6) In case of business conducted in rental /leased premises any one of the
following documents:-
(i) Lease Agreement
(ii) Leave and Licence Agreement
(iii) In case where the possession is held by way of any other order of the
court or order of any competent authority, copy of such order. And
(i) Any one document mentioned at Sr. No. 5 with respect to the owner of the
establishment whose premises is rented or leased.
(7) If the place of business is owned or leased or rented by any member of family
or relative No objection letter from such member or relative.
Shop and Estbl. Rules Final.docx (29.01.2018).docx 60
(8) If the place of business is situated in any residential housing society No
objection certificate from the residential society or any such authority
responcible for its maintenance.
(9) All such documents as mentioned wherever in the forms.
By order and in the name of the Governor of Maharashtra,
( Rajesh Kumar )
Principal Secretary
Indusries, Energy and Labour Department
--------------